New edition of Art. 151 Civil Code of the Russian Federation
If a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm.
When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and moral suffering associated with the individual characteristics of the citizen who suffered harm.
Commentary to Art. 151 Civil Code of the Russian Federation
Judicial practice.
Moral harm is understood as moral or physical suffering caused by actions (inaction) that encroach on intangible benefits belonging to a citizen from birth or by force of law (life, health, personal dignity, business reputation, privacy, personal and family secrets, etc. .) or violating his personal non-property rights (the right to use his name, the right of authorship and other non-property rights in accordance with the laws on the protection of rights to the results of intellectual activity) or violating the property rights of a citizen.
Moral harm, in particular, may consist of moral feelings in connection with the loss of relatives, the inability to continue an active social life, loss of a job, disclosure of family or medical secrets, dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, temporary restrictions or deprivation of any rights, physical pain associated with injury, other damage to health or in connection with a disease suffered as a result of moral suffering, etc. (Resolution of the Plenum of the Armed Forces of the Russian Federation of December 20, 1994 N 10).
1. Moral and physical suffering, which constitute the content of moral damage, cannot be accurately determined using civil law tools. Moral damage is not a property loss; compensation for moral damage in no way affects the restoration of the parties to their original economic situation. In a certain sense, the article under comment is aimed at minimizing (at least through money) the physical and moral suffering of the victim.
2. The Civil Code does not contain rules for determining the amount of compensation for moral damage, but establishes only the criteria that the court must follow in this case. In each individual case, the court must determine the amount of compensation based on the specific circumstances of the case.
Judicial practice.
The amount of compensation for moral damage is determined by the court in a decision, based on the severity of the injury, other damage to health, other circumstances indicating the physical and moral suffering suffered by the victim, as well as taking into account the property status of the harm-doer, the degree of guilt of the victim and other specific circumstances. In accordance with Art. 197 of the Code of Civil Procedure of the RSFSR, the court must motivate in its decision its conclusion about the amount of moral damage to be compensated (Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 28, 1994 No. 3).
Judicial practice.
The plaintiff filed a lawsuit against the organization for compensation for moral damage... In connection with the death of her only daughter, born in 1978, the plaintiff asked to recover 100,000 rubles from the defendant as compensation for moral damage... the court "believes that the plaintiff experienced enormous moral suffering in connection with the loss of her only daughter; the pain of losing a loved one is indelible; for a mother, losing a daughter at any age is a huge grief" ... and made a new decision, which satisfied the applicant’s claims in full (Review of legislation and judicial practice RF Armed Forces for the fourth quarter of 2002 dated March 12, 2003).
Judicial practice.
The European Court found that the applicant spent a year in detention in inhumane conditions. Her detention was not sufficiently justified. Based on the principle of fairness, the European Court awarded the applicant 16,000 euros in compensation for moral damage (Regulation of the European Court of Human Rights dated 01.06.2006 N 7064/05).
3. Compensation for moral damage may be provided for by other laws, in particular the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, the Law of the Russian Federation of 12/27/1991 N 2124-1 “On the Mass Media”, etc.
Another comment on Art. 151 of the Civil Code of the Russian Federation
1. By moral harm, civil legislation understands physical and moral suffering (Article 151), i.e. negative mental reactions of a person. Physical suffering can be expressed in the form of any painful or physiologically unpleasant sensations: pain, itching, burning, nausea, dizziness, suffocation, etc. Moral suffering can be expressed in the form of various experiences: fear, resentment, indignation, shame, grief, feelings of loss, helplessness, loneliness, inferiority, etc. In addition to the article under comment, the rules for compensation for moral damage caused to a citizen are also established in Art. Art. 1099 - 1101 Civil Code. Explanations on the application of Art. 151 are given in the Resolution of the Plenum of the Armed Forces of the Russian Federation of December 20, 1994 No. 10 “Some issues of application of legislation on compensation for moral damage” (as amended on October 25, 1996 No. 10, dated January 15, 1998 No. 1 // Bulletin of the Armed Forces RF. 1997. N 1; 1998. N 3).
2. The general composition of the grounds for liability for causing moral harm includes: suffering moral harm, i.e. the victim's physical or mental suffering; illegal, i.e. an action or inaction of the harm-doer that is contrary to the norms of objective law, derogating from the intangible benefits belonging to the victim or creating a threat of such derogation; the presence of a causal connection between the unlawful action (inaction) and moral damage, the guilt of the harm-doer, i.e. his mental attitude to his illegal act and its consequences in the form of intent or negligence.
By general rule Art. 151 compensation for moral damage is a way to protect only intangible benefits (for intangible benefits, see Article 150 of the Civil Code of the Russian Federation). In case of violation of property rights, compensation for moral damage is applied only in cases specifically provided for by law, for example Art. 15 of the Law on Protection of Consumer Rights.
Cases of liability without the fault of the tortfeasor are provided for in Art. 1100 GK.
Moral damage is subject to compensation by court decision only in monetary form. Voluntary compensation for moral damage out of court is also possible in other forms (caring for the victim, providing him with things or services in order to smooth out the suffering caused, etc.).
3. The amount of compensation for moral damage is determined by the court based on the requirements of reasonableness and fairness. In this case, the following circumstances are taken into account: the degree and nature of the victim’s suffering; degree of guilt of the harm-doer; individual characteristics of the victim; other noteworthy circumstances of causing suffering.
The degree of guilt of the harm-doer for the purposes of applying Art. 151 is differentiated in ascending order as follows: simple negligence; gross negligence; indirect intent; direct intent.
Circumstances worthy of attention are any circumstances that may affect the intensity negative emotions person. Thus, when causing harm to health, the nature of the bodily injury must be taken into account (for example, damage to a large blood vessel may not lead to significant pain, i.e. physical suffering, and moral harm will be expressed in this case mainly in moral suffering - the victim’s fear for your life); when compensating for moral damage caused to relatives by the death of the victim, it matters whether the death of the victim occurred before their eyes; When making a claim for compensation for moral damage caused by defamation of honor, dignity or business reputation, what is essential is how disgraceful the disseminated information is, the breadth of its dissemination, the consequences that its dissemination entailed (family breakdown, dismissal from work, non-election position, etc.); in case of violation labor rights through illegal dismissal or illegal disciplinary action, the circumstances worthy of attention are the employee’s previous work reputation, adverse consequences for his family, and the possibility of subsequent employment.
As stated in paragraph 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated August 18, 1992 N 11 “On some issues that arose when courts considered cases to protect the honor and dignity of citizens, as well as the business reputation of citizens and legal entities” (as amended on 21 December 1993 N 11, dated April 25, 1995 N 6 // Russian Air Force 1992. N 11; 1994. N 3; if defamatory information that does not correspond to reality was disseminated in the media, the court. When determining the amount of compensation for moral damage, it also has the right to take into account the nature and content of the publication, the degree of dissemination of false information and other circumstances worthy of attention.
The individual characteristics of the victim are highlighted by the legislator as a special type of circumstances that deserve attention when determining the amount of compensation for moral damage. Under the individual characteristics of a person for the purposes of applying Art. 151 one should understand any characteristics of a particular victim that could affect the intensity of his negative emotions (painful condition, increased excitability, pregnancy status, etc.).
- Up
1. The object of the crime is the moral formation of the personality of a minor. An optional subject may be the health of a teenager.
2. The objective side is the involvement of a minor in antisocial activities, the forms of which, according to Part 1 of Art. 151 of the Criminal Code are the systematic use of alcoholic beverages or intoxicants; vagrancy or begging. It should be noted that this list is exhaustive, and therefore the involvement of a minor in other antisocial actions (gambling, committing administrative offenses, etc.) does not constitute the crime in question.
Involving a minor in the systematic use of alcoholic beverages consists of repeatedly encouraging the adolescent to drink these drinks, as a result of which the minor develops (may develop) alcohol dependence or the habit of drinking alcoholic beverages. It does not matter whether the minor was brought to a state of intoxication during work or school or during non-working or non-school hours.
Involving a minor in the systematic use of intoxicating substances, produced under the influence of an adult, means their consumption for such a time and in such quantities that the person develops a habit of using them, a painful dependence on them. Intoxicating substances are medications and chemicals for household use, the use of which causes a state close to alcohol or drug intoxication and has a destructive effect on the physical and mental health of a teenager. The list of these substances is approved by the Standing Committee on Drug Control. These, in particular, include: clonidine-alcohol mixture in any percentage, a mixture of diphenhydramine with alcohol, a barbiturate-alcohol mixture, chloroform, ether, toluene, chloroethyl, etc. It must be borne in mind that inducing a teenager to consume narcotic or psychotropic drugs substances are qualified under Art. 230 CC.
Involvement in vagrancy is the inclination of a minor to wander from one locality to another or to change places in one city or area for a long time, which often forms maladaptive behavior in the teenager. Actions are recognized as vagrancy regardless of whether the minor has a permanent place of residence or not.
Begging means asking for money or other material assets from strangers.
The crime has a formal structure and is considered completed from the moment the actions specified in the law are performed: involving a minor in the systematic use of alcoholic beverages, intoxicants, vagrancy or begging.
3. The subjective side is characterized by guilt in the form of direct intent.
4. The subject of the crime is a person who has reached the age of 18 years.
5. The qualified crime is provided for in Part 2 of Art. 151 of the Criminal Code. The content of the qualifying feature (involvement of a minor in the commission of antisocial actions by a parent, teacher or other person charged with the responsibility of raising a minor by law) is similar to those indicated as such in Part 2 of Art. 150 CC.
6. Part 3 of the commented article provides for the following special qualifying feature: the commission of the crime in question with the use of violence or threats of its use. The concept of violence and the threat of its use coincides in content with a similar feature of Part 3 of Art. 150 CC.
7. According to the note to the commented article, the involvement of a minor in vagrancy in the presence of two circumstances does not form part of the crime in question: a) these actions were committed by the parent of the minor; b) this was committed as a result of a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
Topic 16. Crimes against family and minors.
Plan:
1. Involvement of a minor in the commission of a crime (Article 150 of the Criminal Code).
2. Involving a minor in committing antisocial actions (Article 151 of the Criminal Code).
3. Malicious evasion of payment of funds for the maintenance of children or disabled parents (Article 157 of the Criminal Code).
Involvement of a minor in the commission of a crime (Article 150 of the Criminal Code).
Object Crimes are social relations that ensure the normal development and moral education of a minor, his rights and interests.
To the victims is a person under 18 years of age.
Objective side characterized by action, that is, involving a minor in the commission of a crime through promises, deception, threats or other means.
Under involving minor in committing a crime should be understood as actions that encourage him to participate in the commission of one or more crimes as a perpetrator or accomplice.
Deception- this is the creation of a false idea about something (NR.: about the identity of the victim) or about something (NR.: about circumstances that are significant for a teenager), misleading a minor (NR.: a message about the supposedly legal nature of the alleged actions ), resulting in a minor being encouraged to commit a crime.
Threat is expressed in a socially dangerous informational impact on the psyche of a minor, in his intimidation. The perpetrator may threaten to cause harm to health, rape, commit violent actions sexual nature, kidnapping of the victim, etc.
Another way involves a wide range of means of influencing the psyche of a minor (with the exception of promises, deception, threats, as well as violence, to which the law attaches the significance of a qualifying characteristic), inducing him to commit a crime: revenge, bribery, education in the spirit of “thieves’ romance,” etc.
A crime with a formal composition is therefore considered completed from the moment a minor is involved in the commission of a crime, that is, regardless of whether he agreed with the proposal of the culprit, began preparing to commit a crime, or made an attempt on his life.
Subjective side characterized by the presence of guilt in the form of direct intent.
Subject crime - a person over 18 years of age. At the same time, an adult who involved a teenager in committing a crime is subject to liability not only under Article 150 of the Criminal Code, but also for complicity (in the form of incitement) to a specific crime committed by a teenager.
Qualifying feature(Part 2 of Article 150 of the Criminal Code) is the commission of a crime by a parent, teacher or other person who is entrusted with the responsibility of raising a minor. In addition to blood parents (including the father, recognized as a parent in accordance with Article 49 of the RF IC), the stepfather, stepmother, as well as adoptive parents may be responsible.
Another person means a guardian, trustee, representative of a specialized government agency carrying out educational functions in relation to a minor and monitoring his behavior.
Part 3 of Article 150 of the Criminal Code – especially qualified staff : committing a crime using violence or the threat of violence.
Physical violence as a method of involving a minor in the commission of a crime, it is characterized by beatings and causing minor or moderate harm to health.
Mental impact on a teenager is characterized by a threat of harm to health of varying severity, murder.
According to Part 4 of Article 150 of the Criminal Code liability arises for actions related to the involvement of a minor in a criminal group or in the commission of a grave or especially grave crime.
Involving a minor in committing antisocial actions (Article 151 of the Criminal Code of the Russian Federation).
Object crime is the moral formation of the personality of a minor.
Optional object may be the health of a teenager.
Objective side consists of involving a minor in antisocial activities, the forms of which are according to Part 1 of Article 151 of the Criminal Code systematic use of alcoholic beverages or intoxicants; vagrancy or begging . This list is exhaustive. Other antisocial actions (gambling, committing administrative offenses, etc.) do not form part of this crime.
Involvement of a minor in the systematic use of alcoholic beverages consists of repeatedly encouraging a teenager to drink these drinks, as a result of which he develops (may develop) alcohol dependence or the habit of drinking alcoholic beverages. It does not matter whether the minor was brought to a state of intoxication during work or study or during non-working or non-school hours.
Involving a minor in the systematic use of intoxicating substances means their consumption for such a time and in such quantities, produced under the influence of an adult, which develops in the person a habit of their use, a painful dependence on them.
Intoxicants– medications and chemicals for household use, the use of which causes a state close to alcohol or drug intoxication and has a destructive effect on the physical and mental state of a teenager (clonidine-alcohol mixture in any percentage, a mixture of diphenhydramine with alcohol, a barbiturate-alcohol mixture , floroform, ether, toluene, chloroethyl, etc.).
Inducement to consume narcotic drugs is qualified under Article 230 of the Criminal Code.
Involvement in vagrancy- this is inducing a minor to wander from one locality to another or to change places in one city or region for a long time.
Criminal liability excluded if this act was committed by a parent due to a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
Begging means asking for money or other material assets from strangers.
Crime over from the moment of performing the actions specified in the law (formal composition).
Subjective side characterized by guilt in the form of direct intent.
Subject- a person over 18 years of age.
Qualified staff:
Part 2 of Article 151 of the Criminal Code: Involvement by a parent, teacher or other person entrusted with the responsibility for raising a minor. Similar to those indicated as such in Part 2 of Article 150 of the Criminal Code.
Particularly qualifying sign(Part 3 of Article 151 of the Central Committee): committing this crime with the use of violence or threats of its use. (Similar to Article 150 of the Criminal Code).
- Involving a minor in the systematic use (drinking) of alcoholic and alcohol-containing products, intoxicating substances, in vagrancy or begging, committed by a person who has reached the age of eighteen, –
(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 21, 2013 N 365-FZ)
shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of one to two years, or arrest for a term of three to six months, or imprisonment for a term of up to four years.
(as amended by Federal Law dated December 7, 2011 N 420-FZ) - The same act committed by a parent, teacher or other person who is charged by law with the responsibility for raising a minor, –
(as amended by Federal Law dated July 2, 2013 N 185-FZ)
shall be punishable by restriction of freedom for a term of two to four years, or arrest for a term of four to six months, or imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
(as amended by Federal Law dated December 27, 2009 N 377-FZ) - Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, –
(as amended by Federal Law dated December 8, 2003 N 162-FZ)
shall be punishable by imprisonment for a term of two to six years, with or without restriction of freedom for a term of up to two years.
(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated December 21, 2013 N 365-FZ)
Note. This article does not apply to cases of involving a minor in vagrancy if this act was committed by a parent due to a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
(note introduced by Federal Law dated December 8, 2003 N 162-FZ)
Commentary on Article 150 of the Criminal Code of the Russian Federation
1. The law provides for liability for involving a minor in the systematic use of alcoholic beverages, intoxicating substances, vagrancy, and begging.
The content of the methods of involving a minor in the commission of these antisocial actions is the same as when involving a minor in the crimes specified in Part 1 of Art. 150 CC. Systematic use of alcoholic beverages and intoxicating substances is defined as inducing a minor to engage in these actions at least three times over a short period of time (for example, three times a month). Thus, the crime is considered completed from the moment the minor is persuaded to systematically consume alcoholic beverages or intoxicants.
Alcoholic beverages include alcoholic products that are produced using ethyl alcohol produced from food raw materials and (or) alcohol-containing food products and do not apply to drinking ethyl alcohol and wine<1>.
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<1> Federal law dated November 22, 1995 N 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products” (as amended on December 30, 2012) // SZ RF. 1995. N 48. Art. 4553; 1999. N 2. Art. 245; 2001. N 53 (part 1). Art. 5022; 2002. N 30. Art. 3026, 3033; 2003. N 47. Art. 4586; 2004. N 45. Art. 4377; 2005. N 30 (part 1). Art. 3113; 2006. N 31 (part 1). Art. 3433; N 43. Art. 4412; 2007. N 1 (part 1). Art. 11; N 17. Art. 1931; N 31. Art. 3994; N 49. Art. 6063; 2008. N 30 (part 2). Art. 3616; 2009. N 1. Art. 21; N 52 (part 1). Art. 6450; 2010. N 15. Art. 1737; 2011. N 1. Art. 42; N 27. Art. 3880; RG. 2011. N 159, 160; NW RF. 2012. N 26. Art. 3446; 2012. N 31. Art. 4322; RG. 2012. N 301.
To understand the content of this article, one should distinguish between intoxicating substances and narcotic drugs (Article 230 of the Criminal Code). The list of narcotic drugs was approved by Decree of the Government of the Russian Federation of October 1, 2012 N 1002 “On approval of significant, large and especially large sizes of narcotic drugs and psychotropic substances, as well as significant, large and especially large sizes for plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229, 229.1 of the Criminal Code Russian Federation” (as amended on November 23, 2012)<1>.
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<1>NW RF. 2012. N 41. Art. 5624; N 49. Art. 6861.
Intoxicating substances are not narcotics; they are, as a rule, medications (clonidine, a mixture of diphenhydramine with alcohol, etc.), an overdose of which causes inhibition or relaxation of the psyche in a person. Intoxicating substances can also be household chemicals, the inhalation of vapors of which causes intoxication (for example, acetone, chloroform, ether). The method of intoxication, along with other evidence, must be confirmed by a forensic medical report. In case of harm to the health of a minor as a result of his involvement in the systematic use of alcoholic beverages or intoxicating substances, the actions of the perpetrator must be qualified in conjunction with the articles providing for liability both under the commented article and for crimes against health.
2. Involvement in vagrancy or begging is the arousal in a minor of a desire to constantly move, wandering from one area to another, living without a permanent place of residence, without permanent income, at the expense of alms in the form of money, things, food, etc. A minor may agree to such a lifestyle under the influence of both persuasion, the use of his authority by an adult, and threats, deception, and blackmail.
At the same time, it should be noted that due to the note. to the commented article, parents cannot be held criminally liable for involving a minor in vagrancy, if the vagrancy itself occurs due to a combination of difficult life circumstances caused by the loss of a source of livelihood or lack of place of residence.
3. Part 2 of the commented article provides for more severe punishment in cases where involvement in the commission of antisocial actions occurs on the part of parents, teachers or other persons who are charged by law with the responsibility for raising minors (see commentary to Article 150).
4. The use of violence or the threat of its use entails criminal liability and punishment under Part 3 of the commented article, taking into account the circumstances set out in Part 3 of Art. 150 of the Criminal Code (see comments to this article).
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